ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

45 points scored in 7 months. Please help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
urcooldoc
Newly Registered
Posts: 8
Joined: Sun Dec 18, 2011 10:55 am

45 points scored in 7 months. Please help

Post by urcooldoc » Fri Mar 16, 2012 10:16 pm

Hi Friends,

I am applying for ILR under Tier 1(General) in May 2012.
1. I would have exceeded the earnings threshold for 45 points(Points Scoring Assessment - Section 9, A7- rules in place before 6th April 2010) in the 7 months between August 2011 to Feb 2012. Should I still show earnings for the period previous to August 2011( reminder of the 5 months)?

2. The reason I ask is because in the period between Aug 2011 to March 2012 showing evidence of my earnings is straighforward as I was in paid employment.However before August 2011, I was earning as a Limited company which as you are aware is a bit of a hassle to demonstrate earnings.

3.In reading through tthrough Set (O),Nowhere do they ask us to demonstrate that we were in employment for the 5 years. Should we still show proof of earnings/employment for 5 years?

ashubhatt
Member
Posts: 139
Joined: Thu Aug 28, 2008 10:58 am

Re: 45 points scored in 7 months. Please help

Post by ashubhatt » Sat Mar 17, 2012 6:16 pm

urcooldoc wrote:Hi Friends,

I am applying for ILR under Tier 1(General) in May 2012.
1. I would have exceeded the earnings threshold for 45 points(Points Scoring Assessment - Section 9, A7- rules in place before 6th April 2010) in the 7 months between August 2011 to Feb 2012. Should I still show earnings for the period previous to August 2011( reminder of the 5 months)?

2. The reason I ask is because in the period between Aug 2011 to March 2012 showing evidence of my earnings is straighforward as I was in paid employment.However before August 2011, I was earning as a Limited company which as you are aware is a bit of a hassle to demonstrate earnings.

3.In reading through tthrough Set (O),Nowhere do they ask us to demonstrate that we were in employment for the 5 years. Should we still show proof of earnings/employment for 5 years?

I'm in a similar situation. I am only showing last 5 months salary which is above 23K to score enough points for ILR. How many points do you need?
British passport holder since 17/09/2013
ILR: 12.04.12 - 23.03.22
Finish 5 years on 23.03.12. Applied for PR on 05.04.12 for ILR
Tier 1 (General Migrant) : 08.05.2009 - 08.05.2012
Work Permit: 23.03.07 - 23.03.12

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Sat Mar 17, 2012 7:06 pm

There is no compulsion to show income for all the 12 months purely for the purposes of meeting the points threshold.
regards,
push
Important: Please read this Disclaimer

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Sat Mar 17, 2012 7:33 pm

Period for assessment

20. Applicants should indicate in the application form for which 12-month period their earnings should be assessed.

21. (a) for all applicants the period for assessment of earnings must:

(i) consist of no more than 12 months which must run consecutively, and

(ii) fall within the 15 months immediately preceding the application.
regards,
push
Important: Please read this Disclaimer

mkashifanwar
Newly Registered
Posts: 21
Joined: Tue Feb 14, 2012 9:57 pm

Post by mkashifanwar » Sat Mar 17, 2012 8:36 pm

I am doing same as well - only showing 7 as previously I was also contracting via ltd company and not including any evidences for that period.

So going with 7 salary slips and 6 statements.

urcooldoc
Newly Registered
Posts: 8
Joined: Sun Dec 18, 2011 10:55 am

Post by urcooldoc » Sun Mar 18, 2012 1:42 pm

Thank you all for the info. Please PM me if you get any other info . I will do so likewise.

LankanFunkin
Member
Posts: 170
Joined: Sat Dec 16, 2006 6:18 am

Post by LankanFunkin » Sun Mar 18, 2012 2:22 pm

@urcooldoc - does your earnings in the last 7 months (in which you exceeded the 45K threshold) INCLUDE your bonus?

I'm playing devil's advocate here, but one ("one" as in a very miserable case worker who is having a bad day) may argue that a bonus is discressionary, and not salary.

If this is the case, I would also try and get the appropriate documentation to show earnings of the 5 months prior to Aug 2011. I know I may be being overly cautious here, but I'm cynical of the UKBA, ever since my original PBS Tier 1 was rejected because the muppet didn't read which 12 months for which I was claiming points (which of course I got overruled).

Just a thought. Good luck!

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Sun Mar 18, 2012 6:37 pm

LankanFunkin wrote:@urcooldoc - does your earnings in the last 7 months (in which you exceeded the 45K threshold) INCLUDE your bonus?

I'm playing devil's advocate here, but one ("one" as in a very miserable case worker who is having a bad day) may argue that a bonus is discressionary, and not salary.

If this is the case, I would also try and get the appropriate documentation to show earnings of the 5 months prior to Aug 2011. I know I may be being overly cautious here, but I'm cynical of the UKBA, ever since my original PBS Tier 1 was rejected because the muppet didn't read which 12 months for which I was claiming points (which of course I got overruled).

Just a thought. Good luck!
For Tier-1(General) Bonus can be included in calculation of the gross earnings: Earnings

23. Earnings include, but are not limited to:

(a) salaries (includes full-time, part-time and bonuses),

(b) earnings derived through self-employment,

(c) earnings derived through business activities,

(d) statutory and contractual maternity pay, statutory and contractual adoption pay,

(e) allowances (such as accommodation, schooling or car allowances) which form part of an applicant's remuneration package and are specified in the applicant's payslips,

(f) dividends paid by a company in which the applicant is active in the day-to-day management, or where the applicant receives the dividend as part or all of their remuneration package,

(g) property rental income, where this constitutes part of the applicant's business, and

(h) payments in lieu of notice.
regards,
push
Important: Please read this Disclaimer

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Re: 45 points scored in 7 months. Please help

Post by [iD] » Tue Mar 20, 2012 9:26 pm

urcooldoc wrote:Hi Friends,

I am applying for ILR under Tier 1(General) in May 2012.
1. I would have exceeded the earnings threshold for 45 points(Points Scoring Assessment - Section 9, A7- rules in place before 6th April 2010) in the 7 months between August 2011 to Feb 2012. Should I still show earnings for the period previous to August 2011( reminder of the 5 months)?

2. The reason I ask is because in the period between Aug 2011 to March 2012 showing evidence of my earnings is straighforward as I was in paid employment.However before August 2011, I was earning as a Limited company which as you are aware is a bit of a hassle to demonstrate earnings.

3.In reading through tthrough Set (O),Nowhere do they ask us to demonstrate that we were in employment for the 5 years. Should we still show proof of earnings/employment for 5 years?
It's really up to you, not a requirement. You do not have to show full 12 months history if you can satisfy required points in less than 12 months immediately before the date of your application.
Goodluck.

urcooldoc
Newly Registered
Posts: 8
Joined: Sun Dec 18, 2011 10:55 am

Post by urcooldoc » Tue Mar 20, 2012 9:33 pm

Apologies for the belated reply.

Dear All especially moderator and Lankanfunkin thanks for your kind words for caution. I concur with your view that with UKBA if anything can go wrong it will go wrong - based on previous experiences with them.

My income for the 7 months from Aug 2011 to March 2012 is purely salaried income from a governmental organisation on which I am claiming points.No bonuses or any other secondary income sources.

I wonder if the case worker will still insist on seeing 12 months income .I am not taking chances.I will still take with me my limited company earnings before August 2011.


Can one of you clarify if they will want to see proof of economic activity for the past 5 years as well as there is no mention of its requirement in the SET(O) appplication form released on Feb 2012. Have I missed something?

urcooldoc
Newly Registered
Posts: 8
Joined: Sun Dec 18, 2011 10:55 am

Post by urcooldoc » Tue Mar 20, 2012 9:36 pm

By the way my appointment is on 30th April 2012 at Croydon PEO. I will let you know how it went.

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Tue Mar 20, 2012 9:46 pm

urcooldoc wrote:Apologies for the belated reply.

Dear All especially moderator and Lankanfunkin thanks for your kind words for caution. I concur with your view that with UKBA if anything can go wrong it will go wrong - based on previous experiences with them.

My income for the 7 months from Aug 2011 to March 2012 is purely salaried income from a governmental organisation on which I am claiming points.No bonuses or any other secondary income sources.

I wonder if the case worker will still insist on seeing 12 months income .I am not taking chances.I will still take with me my limited company earnings before August 2011.


Can one of you clarify if they will want to see proof of economic activity for the past 5 years as well as there is no mention of its requirement in the SET(O) appplication form released on Feb 2012. Have I missed something?

Code: Select all

"84. An applicant may claim for a period of earnings of less than 12 months if they have earned sufficient funds to claim the necessary points."- Tier 1 Guidance Note - Page 15
5 Years history requirement is only for people who have been Work Permit etc, not for Tier 1/HSMP
Goodluck.

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 5:55 am

Post by AshMad » Tue Mar 20, 2012 9:48 pm

I guess the requirement for being economically active is not a part of the ILR applications falling outside JR. Only the SET(O) JR applicants need to show the economic activity. Wait for someone in the forum to correctly guide you.

urcooldoc
Newly Registered
Posts: 8
Joined: Sun Dec 18, 2011 10:55 am

Post by urcooldoc » Tue Mar 20, 2012 10:05 pm

Dear id sir - you could not have clarified it better.Many Thanks.

Locked